If both appeals fail to give information under Indian law (specifically under the Right to Information Act, 2005), here's what happens: 1. First Appeal Fails: If a citizen files a First Appeal under Section 19(1) of the RTI Act (before the First Appellate Authority) and no satisfactory reply is received within 30 days, or the reply is unsatisfactory, The citizen has the right to file a Second Appeal under Section 19(3). 2. Second Appeal Fails: If the Second Appeal (before the Central Information Commission (CIC) or State Information Commission (SIC)) also fails to provide proper relief or the commission does not respond, The citizen may proceed as follows: 3. Remedies After Second Appeal Fails: Complaint to Information Commission (Section 18): A direct complaint can be filed before the CIC/SIC if: No Public Information Officer (PIO) is appointed. PIO refuses to accept the application. False, misleading, incomplete or no information is given. Unreasonable fees are charged. Writ Petition: If the citizen feels that the decision of the CIC/SIC is unjust or the commission has failed to act, a writ petition under Article 226 (before the High Court) or Article 32 (before the Supreme Court, if fundamental rights are involved) can be filed. Courts can compel authorities to provide information or take action. Contempt or Penalty Proceedings: You can request the CIC/SIC to initiate penalty proceedings under Section 20 of the RTI Act against the PIO for: Refusal to accept application Delay in providing information Providing false or misleading information Summary: If both appeals fail: File a complaint under Section 18 before the CIC/SIC. Seek penalty action under Section 20. Approach the High Court via writ petition if no remedy is provided.
Answer By AnikDear Client, Even if both the First Appeal and the Second Appeal under the Right to Information (RTI) Act, 2005 are not forthcoming with the desired information, the applicant is not left without remedy. Following the Second Appeal, which is pending before the Central Information Commission (CIC) or State Information Commission (SIC) (as the case may be, depending on whether the public authority is central or state), if the decision of the Commission is not satisfactory, the applicant may approach the High Court by way of a Writ Petition under Article 226 of the Constitution of India. The High Court may look into whether the Information Commission appropriately dealt with the matter and whether the applicant's right to information was unjustifiably refused. If warranted, the court can order the provision of the information by the authority or grant such other relief. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.
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